Section 16 of Article XVIII of the Colorado Constitution, also commonly known as Amendment
64 of 2012, authorizes a system of state licensing for businesses engaging in the
cultivation, testing, manufacturing, and retail sale of marijuana, collectively referred
to as "marijuana establishments" by the constitution. Subsection 16(5)(f) of Article
XVIII allows localities, within their respective jurisdictions: to prohibit state
licensing of marijuana establishments; to regulate the time, place, and manner in
which marijuana establishments may operate; and to limit the total number of marijuana
establishments. The authority of localities to prohibit or regulate marijuana establishments
within their respective jurisdictions, including the authority to engage in local
licensing of marijuana establishments, is also reflected in various provisions of
the Colorado Retail Marijuana Code, Article 43.4 of Title 12, C.R.S. The purpose of
this article V is to exercise the authority of the City and County of Denver to allow
state-licensed marijuana establishments to exist in Denver in accordance with applicable
state laws and regulations as well as the additional local licensing requirements
and other restrictions set forth herein. This article is adopted pursuant to the aforesaid
constitutional and statutory authority, as well as the city's plenary authority as
a home rule city and county to adopt and enforce ordinances under its police power
in order to preserve the public health, safety, and general welfare.
(Ord. No. 448-13, § 2, 9-16-13)
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